KARNAIL SINGH vs M/S. RASI SEEDS PVT. LTD. & 2 ORS.

This revision is directed against the order of the State Commission Punjab dated 28.11.2011, whereby the First Appeal No. 164 of 2008 preferred by respondent no.1 M/s Rasi Sees Pvt. Ltd. was allowed and the consumer complaint filed by the petitioner was dismissed.

Briefly stated facts relevant for the disposal of the revision petition are that petitioner filed a consumer complaint in District Forum Faridkot alleging that being lured by the advertisement and assurance given by opposite party no.1, complainant purchased six packets of Rasi Major 317 BT Cotton hybrid seeds @ Rs.1325/- per packet from respondent vide bill no. 462 dated 09.05.2006. The petitioner complainant sowed the said seeds in 5 1/2 acres of land taken by him on ''theka'' with drill machine mixed with one bag of DAP fertilizer per acre as per the instructions given by the opposite party. After sufficient time i.e. 96 hours of sowing of seed, the complainant noticed that the seeds were not properly germinated and the plants were scattered. The complainant approached respondent opposite party no.2 and informed opposite party no.2 about the insufficient germination of seeds and respondent assured him that he will take up the matter with the manufacturer and he would be compensated. It is the case of the complainant that even Field Officer of respondent no.2 as also representative of respondent no.1 visited the field for inspection. Despite of assurance, no compensation was paid by the opposite parties.

It is also the case of the complainant that complainant moved an application dated 31.05.2006 to the Chief Agricultural Officer Faridkot who inspected the fields and made a report stating that 30 % crop was germinated inspite of passage of more than 96 hours resulting in damage and loss to the complainant. It was also pleaded that in some part of the field, the petitioner had sown BT 134 seed which was properly germinated. The petitioner also moved an application dated 21.6.2006 to the Collector, Faridkot, pursuant to which Revenue Officer visited the field of the petitioner and made a report that the seeds were not properly germinated. An officer made a report that in the Kharif 2005-0, the average yield of cotton crop was 7.50 quintal per acre in Faridkot acre. The complainant thus raised a consumer complaint seeking refund of the price of seeds besides Rs.88,700/- on account of expenses incurred on sowing of the crop and Rs.1,21,000/- on account of loss of crop suffered by him. The complainant also prayed for Rs.50,000/- as litigation expenses.

The District Forum vide its order dated 09.01.2008 found merit in the complaint. Accordingly, complaint was allowed and opposite parties were directed as under: "In view of the aforesaid facts and circumstances, the complaint filed by the complainant is accepted. Since there was germination of Narma seed to the extent of 30%, so complainant have suffered loss of the produce of the crop to the extent of 60% of germination which is considered to be 90%. Normal procedure of the Narma crop is reported to be 7 1/2 Quintals per acre. The rate of Narma cotton during the relevant period can be said approximately to the extent of Rs.2000/- per quintal. By working out loss, compensation, damages, harassment to the complainant, the complainant is entitled to loss of produce of the crop amounting to Rs.50,000/- in all. So out of Rs.50,000/-, the opposite party no. 1 is directed to pay compensation to the extent of Rs.20,000/- and opposite party no.2 is directed to pay Rs.30,000/- to the complainant, within one month from the date of receipt of the copy of this order, failing which the opposite party no.1 and 2 shall pay interest to the complainant on the amounts of Rs.20,000/- and Rs.30,000/- respectively as mentioned above at the rate of 12% per annum from the date of decision of the complaint till the realization of the amount. These amounts neither are meagre nor exaggerated in the attending circumstances of the case. Copies of the order be sent to the parties free of costs. File be consigned to record room. "

Being aggrieved of the order of the District Forum, Opposite Party M/s Rasi Seeds Private Limited ( manufacturer) preferred an appeal being Appeal no. 164 of 2008. The State Commission, Punjab disposed of the said appeal resulting in dismissal of complaint vide impugned order alongwith the bunch of other appeals. This led to filing of the revision petition.

The petitioner instead of appearing in person or through counsel, has sent his written submissions. We have considered the written submissions and heard learned counsel for respondent no.1, respondent no.2 & 3 being ex parte.

The sum and substance of written arguments of the petitioner is that impugned order of the State Commission so far it deals with FA No. 164 of 2008 is not sustainable because it is based upon finding arrived at by the State Commission on the basis of the facts in the lead case FA no. 1043 of 2007 Jasvir Singh Vs. M/s Rasi Seeds Private Limited and Ors. which facts are distinct from the facts of the instant case.

On perusal of the impugned order, we find that by this order, the State Commission had disposed of the bunch of appeals including the appeal no. FA No. 164 of 2008, which is subject matter of the instant revision. The relevant observations of the State Commission with regard to this appeal in the impugned order are reproduced as under: "In view of the reasons and findings given in FA no. 1043 of 2007 ( Jasvir Singh Vs. M/s Rasi Seeds Pvt. Ltd. & Ors.) as well as F.A. No. 168 of 2008 ( Karnail Singh Vs. Tau Agro Tech Pvt. Ltd. and Ors.), the F.A. No. 164 of 2008 ( Rasi Seeds pvt. Ltd. Vs. Karnail Singh & Ors.) is accepted and the impugned order dated 09.01.2008 under appeal passed by the District Forum is set aside. Consequently, the complaint filed by respondent no.1/complainant Karnail Singh is dismissed. No order as to costs.

The appellant Rasi Seeds Pvt. Ltd. in F.A. No. 164 of 2008 had deposited an amount of Rs.25,000/- with this Commission at the time of filing of the said appeal. The amount with interest accrued thereon, if any, be remitted by the registry to the appellant-Rasi Seeds Pvt. Ltd. in F.A. No. 164 of 2008 by way of a crossed cheque / demand draft after the expiry of 45 days. "

On reading of the above, it is clear that State Commission has allowed the appeal of M/s Rasi Seeds Private Limited on the basis of reasoning based on facts of FA No. 1043 of 2007 Jasvir Singh Vs. M/s Rasi Seeds Private Limited and Ors. which was treated as lead case for disposing of bunch of appeals. The State Commission has failed to appreciate that so far as Appeal no. 1043 of 2007 is concerned, that pertain to the allegations pertaining to different category of cotton seed i.e. Rasi 134 Cotton seeds, which were alleged to be of inferior quality. Even facts of said appeals are different. In the instant case, complaint was filed that seeds were inferior, as a consequence there was insufficient germination, whereas the issue in FA no. 1043/2007 was that the plant did not bear fruits.

From the above, it is clear that State Commission has committed an error in deciding FA No. 164 of 2008 on the basis of reasoning given while disposing of appeal No. 1043 of 2007 which is based upon the different facts. Otherwise also, pleas of the parties taken in appeal have not been discussed. Therefore, so far as FA No. 164 of 2008, the order of State Commission is non speaking order, which amounts to violation of principal of natural justice and cannot be sustained. In view of the above, we allow the revision petition, set aside the impugned order so far as it relates to appeal No. 164 of 2008 is concerned and remand the matter back to the State commission to dispose of the appeal on merits after due notice and opportunity of being heard to the respective parties. Petitioner and respondent no.1 to appear before the State Commission on 28.04.2016.